Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-01-20


ievc, tho opinions and wishes Of the clti-
sens generally olthe State. In determining
whom / shall appoint to office shall make
All proper and needful Investigation as 10
qualification, and shall be governed by the
herein mentioned. deem
Il psoper, however, to say: That while l
shah pay great respect and Difference to the
opinion OF my fellow.eitisens generally, my /
action In this respect will not be determined
by the number OF signers 10 the petitions OF
applicants for office, nor the number OF let
ers which may be addressed to me In their
behalf. Recommendations will be weighed
and properly considered, Solicitations tor
OF applicants for appoint
ments too often are annoying TO the parties
and In some cases to the public |
Recommendations are often too
made, and generally very |
easily Obtained. Having knowledge of /
these facts from my experience and obser-
walton In private life rs citizen, and from |
the experience Of others as made known by |
1t will be impossible for me to |
be uumindful of such considerations In the |
discharge nf my official duty In this re- |
apect. While l cannot hope to please all |
who may feel an Interest In the matter OF |
appointments, Or to escape this eensure OF |
many In respect thereto, / wish Il to be dis |
tlnctly uudersio God that alone shall be re-
sponslble for the appointments which |
shall make. l enter upon the discharge of
the duties OF my office with the conscious
ness ef being perfectly free and uueom-
mitted to any person In respect to any
appointment to be- made during my term OF
service. While / may and doubtless will
make mistakes In the discharge of my duty,
shall have the proud consciousness that
such mistakes will not have been Intentions
ally made.
THE PARDoNINa PowfM.
By the ninth section Of said article OF the
constitution 1t Is provided that the governor
'shall have power to remit tines and for
FIXTURES and to grant reprleves and pardons
except In cases of impeachment" The care
with which In the opinion of the trainers of
the constitution this power should be exer-
clsed is evidenced by the requirement that
che shall set forth In writing fully the
grounds of all reprieves, pardons and re-
missions 10 be entered In a register OF his
Official acts and laid before the General
Assembly at their next session." There viii
have to be strong mitigating or extenuatibg
circumstances which the ordinary courts Of
Justice cannot properly consider and weigh
in their verdicts and Judgments, and which
ought to be considered and weighed as
meriting executive clemency to cause me to
exercise the power thus conferred. He who
knowingly and wilfully violates the law OF
the State, and who after a fair and Impair
which there has been neither mistake OF
law or fact committed, eau have but little
Claim to the Interpolation of the exercise OF
this power by the chief executive of the
State. Laws are made TO be observed, not
10 be violated, and he who wiifully and
knowingly violates them does SO with u
knowledge that the law ordains the punish
inent OF his act. These considerations will
influence me in respect TO my action In the
exercise of the power thus vested In me
under the constitution of this State. These
are the only matters in respect to my OIL
| cial duties enjoined upon me by the consu-
| tuition to which deem 1t necessary at the
present time to invite public attention.
CONVENTION AND INSTITUTIONAL AMENDMENTS
The subject of constitutional convention
has for yenrs been matter Of more or 10 -
| public agitation and discussion. My Views
/ upon the subject of q constitutional conven-
ton are we'll known. AS d member OF the
| constitutional convention Of 1852, | assisted
| in framing the constitution agreed upon by
/ thar body. Not only did support 1t Ia con
/ vention, but In public addresses before the
| people / advocated Its ratification. My
| efforts and the efforts Of others to seeure its
adoption by tho people were unsuccessful.
| The views then entertained, however, In
respect to the necessity and propriety OF u
\ change In the fundamental law Of the State
have not been altered. The changes therein
/ then advocated favor to-day as governor
| of the State. wish to say, however, II the
General Assembly shall in their wisdom see
proper to provide for the calling Of u con-
ventlon, and for the submission to the
people OF any constitution which may be
| framed by such convention, as an earnest
advocate of constitutional reform by means
OF a convention, and the adoption Of a new
constitution In lieu of the existing one,
would suggest that all the proceedings Of
49, d, r,fn Hos t,,
should be had In strict accordance with
Article TX OF the present constitution
of the State, and that all the re-
qulrements OF said article should
be serupulously observed. My reason
for this suggestion is based upon q belief
that opposition will be made TO the adop-
ton of any constitution that may be-
framed, and In order that as little cavil and
objection may be made as possible, 1t Is
proper that no steps which might In the
least be- considered revolutionary, be taken
to hasten that which must surely CONS. II
Is true that the people are sovereign, but
sovereignty In government Is unknown tc
American law. Such sovereignty In tht
language Of another belongs to govern
ments different from ours and beyond the
waters. 1t cannot exist In the free govern
ments of America. The constitution is the
fundamental law Of the state. 1t cannot b.
changed iu any respect by the legislature
which Is IFS creature and wholly subordinate
10 l. Giu any attempt to Over.ride It woui,
not 3nly BE- dangerous brf pftt1ious PR
!, ! eedent II fhArfOre the Legislature b
: Delaware sees proper to pass an act suit
hitting the question of an alteration of TIT
constitution OF the State to the voter5,
hope that In all legislation In respee
! thereto 1t will have just regard fol tn
, present constitution Of the State, and tina
all measures looking thereto will conform
/ % leo ftt..N Raraf.y hDur mr. Gan
eral Assembly at its present session sha
not consider 1t wise and proper TO call
State convention for the revision of til
| present constitution, II Is In their power
ind | think they should exercise 1t, TO tax
: the initiatory steps for its amendment !
the made prescribed In the ninth Hrtiel
: thereof. That article says, that the Geneft
Assembly, whenever two-thirds of eae
house shall deem 1t necessary may with tn
= | appreciation of the governor, propns
! amendments to this constitution, and /
: leaAt three and not more tnan six month
: before the next general election of repft
! sentatives duly publish them in print fC
i the consideration of the people, and
) three fourths Of each branch Uf the Legli
: l4ture after such au election, and h,ioi
9 another Tatlfy the said amendments the
y shall be valid to all intents and purposes
= parts Of this constitution"
. DISTRICT REPRESENTATION.
I Whatever mode OF amendment TO the cot
4 stitution Of the State may be adopted in m
Z Judgment the time has arrived when
a change should be made In the manner
I, electng the senators and representatives
; the General Assembly. Under our const
:, tuition they are Mt present us Ii well-knoWl
: | elected by the voters OF the several countit
i, throughout the counties respectively. III
q question presents itself to the mind
y every thinking man, is such provlslo
| vi. iiuP observation-disclosures rtgsbt
N 1t mest the wishes and expectations, th
10 desires and the sense Of justice of Il
people OF the State The voting populatio
ia of tho several GGupties of the State al
j, greatly disproportlonate. Ought not til
a wrong OF unequal representation Of ii
Il people tn the General Assembly to /
10 remedied as far as practicable Equal ri
IN presentation could he more properly RI
"A cured under election by districts than und,
"a the existing system. Is not the former sy
n tenn Of election OF representatives In Il
~ General Assembly more In accordance wit
ar the principles of Democratic repressntHtll
in government than that which exists llnd,
~ the present State constitution In n
10 opinion those who have an immediate 4
" terest in the selection of members Of II
e General Assembly should have that rig
nr secured to them by constitutional provisio
~ In case the present General Assembly sha
es not make provision for calling q eonstit
M tional convention, l suggest the pIoprie
~ of proposing nm amendment to the cons
10 tuition enbodying this principle In accor
ID Hnee with the TX article OF the Gonstltutio
i District representation IN my Judgment
te the true principle OF u Democratic repr
~ sentative government and earnestly
n commend Its adoption In our State polio
~ In such mode rs In the wisdom Of the Go
Ia eral Assembly shall be deemed right al
10 proper